A BILL to amend and reenact §61-7-4 of the Code of West Virginia,
1931, as amended, relating to allowing an honorable military
discharge to be an acceptable form of training for a West
Virginia concealed handgun permit.

Be it enacted by the Legislature of West Virginia:

That §61-7-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-4. License to carry deadly weapons; how obtained.

(a) Except as provided in subsection (h) of this section, any
person desiring to obtain a state license to carry a concealed
deadly weapon shall apply to the sheriff of his or her county for
the license, and shall pay to the sheriff, at the time of
application, a fee of $75, of which $15 of that amount shall be
deposited in the Courthouse Facilities Improvement Fund created by
section six, article twenty-six, chapter twenty-nine of this code.
Concealed weapons permits may only be issued for pistols or
revolvers. Each applicant shall file with the sheriff, a complete
application, as prepared by the Superintendent of the West Virginia
State Police, in writing, duly verified, which sets forth only the
following licensing requirements:

(1) The applicant's full name, date of birth, social security
number and a description of the applicant's physical features;

(2) That, on the date the application is made, the applicant
is a bona fide resident of this state and of the county in which
the application is made and has a valid driver's license or other
state-issued photo identification showing the residence;

(3) That the applicant is twenty-one years of age or older:
Provided, That any individual who is less than twenty-one years of
age and possesses a properly issued concealed weapons license as of
the effective date of this article shall be licensed to maintain
his or her concealed weapons license notwithstanding the provisions
of this section requiring new applicants to be at least twenty-one
years of age: Provided, however, That upon a showing of any
applicant who is eighteen years of age or older that he or she is
required to carry a concealed weapon as a condition for employment,
and presents satisfactory proof to the sheriff thereof, then he or
she shall be issued a license upon meeting all other conditions of
this section. Upon discontinuance of employment that requires the
concealed weapons license, if the individual issued the license is
not yet twenty-one years of age, then the individual issued the
license is no longer eligible and must return his or her license to
the issuing sheriff;

(4) That the applicant is not addicted to alcohol, a
controlled substance or a drug and is not an unlawful user thereof;

(5) That the applicant has not been convicted of a felony or
of an act of violence involving the misuse of a deadly weapon;

(6) That the applicant has not been convicted of a
misdemeanor offense of assault or battery either under the
provisions of section twenty-eight, article two of this chapter or
the provisions of subsection (b) or (c), section nine, article two
of this chapter in which the victim was a current or former spouse,
current or former sexual or intimate partner, person with whom the
defendant has a child in common, person with whom the defendant
cohabits or has cohabited, a parent or guardian, the defendant’s
child or ward or a member of the defendant’s household at the time
of the offense; or a misdemeanor offense with similar essential
elements in a jurisdiction other than this state;

(7) That the applicant is not under indictment for a felony
offense or is not currently serving a sentence of confinement,
parole, probation or other court-ordered supervision imposed by a
court of any jurisdiction or is the subject of an emergency or
temporary domestic violence protective order or is the subject of
a final domestic violence protective order entered by a court of
any jurisdiction;

(8) That the applicant is physically and mentally competent to
carry the weapon;

(9) That the applicant has not been adjudicated to be mentally
incompetent;

(10) That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing the weapon: Provided, That this requirement
shall be waived in the case of a renewal applicant who has
previously qualified;

(11) That the applicant authorizes the sheriff of the county,
or his or her designee, to conduct an investigation relative to the
information contained in the application.

(b) The sheriff shall conduct an investigation including a
nationwide criminal background check, in order to verify that the
information required in subdivisions (1), (2), (3), (5), (6), (8)
and (9), subsection (a) of this section is true and correct.

(c) Sixty dollars of the application fee and any fees for
replacement of lost or stolen licenses received by the sheriff
shall be deposited by the sheriff into a concealed weapons license
administration fund. The fund shall be administered by the sheriff
and shall take the form of an interest bearing account with any
interest earned to be compounded to the fund. Any funds deposited
in this concealed weapon license administration fund are to be
expended by the sheriff to pay for the costs associated with
issuing concealed weapons licenses. Any surplus in the fund on
hand at the end of each fiscal year may be expended for other law-enforcement purposes or operating needs of the sheriff’s office, as
the sheriff may consider appropriate.

(d) All persons applying for a license must complete a
training course in handling and firing a handgun or meet another
criteria under this subsection. The successful completion of any
of the following courses or criteria fulfills this training
requirement:

(1) Any official National Rifle Association handgun safety or
training course;

(2) Any handgun safety or training course or class available
to the general public offered by an official law-enforcement
organization, community college, junior college, college or private
or public institution or organization or handgun training school
utilizing instructors duly certified by the institution;

(3) Any handgun training or safety course or class conducted
by a handgun instructor certified as such by the state or by the
National Rifle Association;

(4) Any handgun training or safety course or class conducted
by any branch of the United States Military, Reserve or National
GuardA honorable discharge from any branch of the United States
Military, Reserve or National Guard.

A photocopy of a certificate of completion of any of the
courses or classes or an affidavit from the instructor, school,
club, organization or group that conducted or taught said course or
class attesting to the successful completion of the course or class
by the applicant or a copy of any document which shows successful
completion of the course or class shall constitute evidence of
qualification under this section.

(e) All concealed weapons license applications must be
notarized by a notary public duly licensed under article four,
chapter twenty-nine of this code. Falsification of any portion of
the application constitutes false swearing and is punishable under
the provisions of section two, article five, chapter sixty-one of
this code.

(f) If the information in the application is found to be true
and correct, the sheriff shall issue a license. The sheriff shall
issue, reissue or deny the license within forty-five days after the
application is filed if all required background checks authorized
by this section are completed.

(g) Before any approved license shall be issued or become
effective, the applicant shall pay to the sheriff a fee in the
amount of $15 which the sheriff shall forward to the Superintendent
of the West Virginia State Police within thirty days of receipt.
The license shall be valid for five years throughout the state,
unless sooner revoked.

(h) All persons holding a current and valid concealed weapons
license as of December 16, 1995, shall continue to hold a valid
concealed weapons license until his or her license expires or is
revoked as provided in this article: Provided, That all
reapplication fees shall be waived for applications received by
January 1, 1997, for any person holding a current and valid
concealed weapons license as of December 16, 1995, which contains
use restrictions placed upon the license as a condition of issuance
by the issuing circuit court. Any licenses reissued pursuant to
this subsection will be issued for the time period of the original
license.

(i) Each license shall contain the full name and address of
the licensee and a space upon which the signature of the licensee
shall be signed with pen and ink. The issuing sheriff shall sign
and attach his or her seal to all license cards. The sheriff shall
provide to each new licensee a duplicate license card, in size
similar to other state identification cards and licenses, suitable
for carrying in a wallet, and the license card is considered a
license for the purposes of this section.

(j) The Superintendent of the West Virginia State Police shall
prepare uniform applications for licenses and license cards showing
that the license has been granted and shall do any other act
required to be done to protect the state and see to the enforcement
of this section.

(k) If an application is denied, the specific reasons for the
denial shall be stated by the sheriff denying the application. Any
person denied a license may file, in the circuit court of the
county in which the application was made, a petition seeking review
of the denial. The petition shall be filed within thirty days of
the denial. The court shall then determine whether the applicant
is entitled to the issuance of a license under the criteria set
forth in this section. The applicant may be represented by
counsel, but in no case may the court be required to appoint
counsel for an applicant. The final order of the court shall
include the court's findings of fact and conclusions of law. If
the final order upholds the denial, the applicant may file an
appeal in accordance with the Rules of Appellate Procedure of the
Supreme Court of Appeals.

(l) If a license is lost or destroyed, the person to whom the
license was issued may obtain a duplicate or substitute license for
a fee of $5 by filing a notarized statement with the sheriff
indicating that the license has been lost or destroyed.

(m) The sheriff shall, immediately after the license is
granted as aforesaid, furnish the Superintendent of the West
Virginia State Police a certified copy of the approved application.
The sheriff shall furnish to the Superintendent of the West
Virginia State Police at any time so requested a certified list of
all licenses issued in the county. The Superintendent of the West
Virginia State Police shall maintain a registry of all persons who
have been issued concealed weapons licenses.

(n) All licensees must carry with them a state-issued photo
identification card with the concealed weapons license whenever the
licensee is carrying a concealed weapon. Any licensee who fails to
have in his or her possession a state-issued photo identification
card and a current concealed weapons license while carrying a
concealed weapon is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $50 or more than $200 for
each offense.

(o) The sheriff shall deny any application or revoke any
existing license upon determination that any of the licensing
application requirements established in this section have been
violated by the licensee.

(p) A person who is engaged in the receipt, review or in the
issuance or revocation of a concealed weapon license does not incur
any civil liability as the result of the lawful performance of his
or her duties under this article.

(q) Notwithstanding the provisions of subsection (a) of this
section, with respect to application by a former law-enforcement
officer honorably retired from agencies governed by article
fourteen, chapter seven of this code; article fourteen, chapter
eight of this code; article two, chapter fifteen of this code; and
article seven, chapter twenty of this code, an honorably retired
officer is exempt from payment of fees and costs as otherwise
required by this section, and the application of the honorably
retired officer shall be granted without proof or inquiry by the
sheriff as to those requirements set forth in subdivision (9),
subsection (a) of this section, if the officer meets the remainder
of the requirements of this section and has the approval of the
appropriate chief law-enforcement officer.

(r) Except as restricted or prohibited by the provisions of
this article or as otherwise prohibited by law, the issuance of a
concealed weapon permit issued in accordance with the provisions of
this section authorizes the holder of the permit to carry a
concealed pistol or revolver on the lands or waters of this state.

NOTE: The purpose of this bill is to allow members of the
United States Military, reserve or guard that received a honorable
discharge to carry a concealed handgun without taking an additional
training course.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.